Enacts the "indecent image or video removal act" to establish a civil cause of action for the posting on the internet of images or video of the intimate parts or sexual conduct of a state resident.
STATE OF NEW YORK
________________________________________________________________________
8200
2013-2014 Regular Sessions
IN ASSEMBLY
October 24, 2013
___________
Introduced by M. of A. MOYA -- read once and referred to the Committee
on Judiciary
AN ACT to amend the civil rights law, in relation to indecent image or
video removal
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "indecent image or video removal act".
3 § 2. The civil rights law is amended by adding a new section 52-a to
4 read as follows:
5 § 52-a. Indecent image or video removal. 1. Legislative intent. The
6 legislature acknowledges a persistent trend where residents of this
7 state have had images or video posted online which depicts the sexual or
8 other intimate parts of such residents, or such residents engaging in
9 sexual conduct which are posted online without their consent. The moti-
10 vations of persons who post such images or video, sometimes also
11 depicted in the image or video, range from pranks, revenge or monetary
12 reward. The posting of such content has led to emotional distress,
13 violence and suicide. The legislature hereby finds that it has become
14 necessary to create a mechanism through which affected parties can bring
15 a civil action against the person who posts the content for the purpose
16 of harassment, annoyance or revenge regardless of whether the original
17 image or video was consensually obtained, and obtain a court order to
18 have such content taken down from the websites and internet service
19 providers that host it unless they have written consent of all parties
20 depicted in the image or video.
21 2. Personal jurisdiction. Any website or internet service provider
22 that hosts or transmits a still or video, viewable in this state, which
23 portrays a resident of this state and depicts the sexual or other inti-
24 mate parts of such resident, or such resident engaging in sexual
25 conduct, without the written consent of such resident shall be subject
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11900-05-3
A. 8200 2
1 to personal jurisdiction in this state to the maximum extent permitted
2 under the United States Constitution.
3 3. Action for damages against a person who posts certain still or
4 video images. Any resident of this state shown in a still or video
5 image that depicts the sexual or other intimate parts of such resident,
6 or such resident engaging in sexual conduct, which is posted on the
7 internet without the consent of such resident shall have a cause of
8 action for damages against the person who posted such image or video on
9 the internet where it was posted for the purpose of harassing, annoying
10 or alarming such resident, regardless of whether or not the original
11 image or video was consensually obtained. In any such action, the
12 finder of fact, in its discretion, may award exemplary damages, in addi-
13 tion to compensatory damages.
14 4. Cause of action to obtain a court order to redact images or video
15 hosted or transmitted without consent. Any resident of this state shown
16 in a still or video image that depicts the sexual or intimate parts of
17 such resident, or such resident engaging in sexual conduct, under
18 circumstances where such image is hosted or transmitted on the internet
19 without the written consent of such resident, may maintain a special
20 proceeding to obtain a court order which will require any website or
21 internet service provider that is subject to personal jurisdiction under
22 subdivision two of this section to permanently redact such image or
23 video.
24 5. Severance clause. If any provision of this section or its applica-
25 tion to any person or circumstance is held invalid, the invalidity shall
26 not affect other provisions or applications of this section which can be
27 given effect without the invalid provision or application, and to this
28 end the provisions of this section are severable.
29 § 3. This act shall take effect immediately.
